No. 18-7934

Seaun Llwellyn Farthing v. Dara Watson, Warden

Lower Court: Fourth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (AI Summary)

Was trial counsel ineffective for failing to prevent prosecutorial misconduct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Under Jackson v. Virginia 443 U.S. 307 (U.S.Va.1979) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va. from violating clearly established federal law as determined by the Supreme Court for ‘failing <to prove all the essential elements of attempted statutory burglary beyond a reasonable doubt in order to obtain the conviction. See statutory burglary code 18.2-90 and 18.2-91 . il. Under Blockburger v. United States 248 U.S. 299 (u.S.111.1932) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va. from violating the Double Jeopardy Clause of the Fifth Amendment by convicting Farthing of attempted statutory burglary with intent to commit assault battery-a lesser included offense of malicious wounding. See assault and battery code 18.2-54 and malicious wounding code 18.2-51 Ill. Under Blockburger v. United States 248 U.S. 299 (U.S. 111.1932) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va. from violating the Double Jeopardy Clause of the Fifth Amendment by convicting Farthing of attempted? statutory burglary with intent to commit assault and battery with one count of a use of a firearm and attempted malicious wounding with a Subsequent..count: of a use of a firearm when assault and battery is a lesser included offense of malicious: wounding which constitutes a single offense not multiple offenses. See assault and battery code 18.2-54 and malicious wounding code 18.2-51 qv, Under Federal Rule of Evidence 403 was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va. from improperly admitting Farthing's prior felony conviction order during the commonwealth's case in chief by not offering to stipulate to the nature of the prior convictions. Trial counsel failed to file a motion to sever or bifurcate trial in regards to felon in possession of a firearm offense. V. “Under Federal Rule of Evidence 404 (b) was trial counsel ineffective for failing to IMPEACH the false testimony of the commonwealth's false witness Johnson who testified to matters unrelated to Farthing's charges which violated the Due Process Clause of the Fourteenth Amendment which guarantees a U.S. citizen a constitutional right to a fair trial. VI. Was trial counsel ineffective for failing to IMPEACH the commonwealth's witness in chief false testimony for committing Numerous acts of perjury.

Docket Entries

2019-06-24
Rehearing DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-04-26
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2018-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Seaun Farthing
Seaun Farthing — Petitioner